The accused pleaded guilty to and was convicted of contravening section 113(1)(a)(b) of the Criminal Law (Codification and Reform) Act [Cap 9:23] (theft). He was sentenced to a straight 2 years imprisonment. During mitigation, the accused stated that he had stolen pipes and sold them for $7000 to buy food because he had not been paid his salary for 6 months. The magistrate rejected this explanation without conducting any inquiry, stating 'I do not believe you when you say you had not been paid for 6 months. You would not have stayed on that job for so long if you were not being paid.' The matter came before the High Court on automatic review.